WVC 33 - 2 - 21 A
§33-2-21a. State agency workers' compensation programs.
(a) The intent of this section is to provide a means of
managing workers' compensation coverage for persons directly
employed by the State of West Virginia. For the purposes of this
section:

(1) "Discretionary participant" means the Parkways Authority,
offices of the State Auditor, the State Treasurer, the Secretary of
State, the Attorney General, the Department of Agriculture, the
State Senate and House of Delegates or their related entities, the
Supreme Court of Appeals, the State Police and any other spending
unit of the state that is required by section twelve, article two,
chapter eleven-b of this code to provide a detailed expenditure
schedule to the Secretary of Revenue in his or her capacity as
Director of the Budget: Provided, That the term "discretionary
participant" does not include any executive state entity other than
the State Police and the Parkways Authority, any county board of
education, any other county entity or its instrumentality or any
municipality or its instrumentality.

(2) "Executive state entity" means the Governor's Office and
its affiliated entities, Bureau of Senior Services, or any state
department, division, fund, office, position, system, survey or
other entity of state government, however designated, transferred
to and incorporated in one of the executive departments created in
section two, article one, chapter five-f of this code, except the
State Police, and that is required by section twelve, article two, chapter eleven-b of this code to provide a detailed expenditure
schedule to the Secretary of Revenue in his or her capacity as
Director of the Budget.

(b) Notwithstanding any provision of this code to the
contrary, the commissioner has sole responsibility for managing the
workers' compensation risks of all executive state entities and for
supervising and controlling the workers' compensation programs for
such entities: Provided, That any discretionary participant may
participate in the program upon application to the commissioner
under the same terms and conditions as are applicable to executive
state entities: Provided further, That a discretionary participant
is, in accordance with rules governing the program, permitted to
withdraw from continued participation in the program.

(c) The commissioner may assess such fees or surcharges on
participants in the program necessary to manage the workers'
compensation risks of those participants. All premiums, fees and
surcharges shall be established in accordance with generally
acceptable actuarial standards applicable to workers compensation
coverage as to each participant and as to all participants in the
aggregate. The commissioner shall establish criteria for
assessments of premiums, fees and surcharges designed to provide
the most cost efficient coverage for all participants.

(d) The provisions of article three, chapter five-a of this
code relating to the Purchasing Division of the Department of
Administration do not apply to any contract entered into by the commissioner in furtherance of the requirements of this section:
Provided, That those contracts shall be awarded on a competitive
basis.

(e) (1) There is hereby established the "State Entities
Workers' Compensation Program Fund." All premiums, surcharges,
assessments, deposits or any other moneys or funds deposited or
otherwise designated or accruing to the fund as well as all
earnings payable to it, shall be deposited in the State Treasury to
the credit of the fund. Expenditures from the fund shall be for
the purposes set forth in this section, are authorized from
collections, and shall not revert to the General Fund. The fund
shall be a separate and distinct fund upon the books and records of
the Auditor and Treasurer, and disbursements therefrom shall be
made upon requisitions signed by the Insurance Commissioner.

(2) Any premiums, assessments or deposits or any other moneys
or funds received for the purposes of this section shall be
invested by the State Treasurer at the request of the commissioner.

(3) The Insurance Commissioner may borrow funds as is
determined necessary from the Insurance Commission Fund, created in
section thirteen-b, article three, chapter thirty-three of this
code, for the initial operations of the workers' compensation
program for state entities: Provided, That any borrowed funds
shall be deposited to the credit of the State Entities Workers'
Compensation Program Fund: Provided, however, That these borrowed
funds shall be repaid, without interest, and redeposited to the credit of the Insurance Commission Fund as determined by the
Insurance Commissioner.

(f) The commissioner may promulgate emergency rules and shall
propose for legislative approval legislative rules, in accordance
with the provisions of article three, chapter twenty-nine-a of this
code, as are necessary to provide for implementation and
enforcement of the provisions of this section.

(g) The commissioner shall submit reports on the status and
progress of the program established in this section to the joint
committee on government and finance monthly and upon request,
together with any other specific information on the program
requested by the committee.

(h) The commissioner shall consult with the State Board of
Risk and Insurance Management to solicit any applicable experience
and expertise in establishing and managing a program to provide
insurance coverage to state agencies.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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